Boiling Spring Lakes Division of Reeves Telecom Corp. v. Coastal Services Corp.
Court of Appeals of North Carolina
1Opinion of the Court
CLARK, Judge.
The courts hold that restrictive covenants imposed by the original owners or a common vendor of a tract of land in pursuance of a general plan for the development and improvement of the property, are valid and enforceable, provided they are not contrary to law or public policy. Webster, “Real Estate Law in North Carolina,” § 344 (1971) ; 7 Thompson, Real Property, § 3164 (1962).
In North Carolina restrictive covenants are strictly construed against limitations upon the beneficial use of property, but such construction must be reasonable and not applied in such a way as to defeat…
2Cases cited11 opinions
- Long v. BranhamSupreme Court of North Carolina · 1967
- Kirkley v. SeipeltCourt of Appeals of Maryland · 1981
- Rhue v. Cheyenne Homes, Inc.Supreme Court of Colorado · 1969
- SYRIAN ARCHDIOCESE OF NY v. Palisades Assoc.New Jersey Superior Court Appellate Division · 1970
- Parsons v. DuryeaMassachusetts Supreme Judicial Court · 1927
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3Cited by15 opinions
- Davis v. HueyTexas Supreme Court · 1981
- BLACK HORSE RUN PROP. OWNERS ASSOCIATION-RALEIGH, INC. v. KaleelCourt of Appeals of North Carolina · 1987
- SEA PINES PLANTATION COMPANY v. WellsSupreme Court of South Carolina · 1987
- Page v. Bald Head Ass'nCourt of Appeals of North Carolina · 2005
- Raintree Homeowners Ass'n, Inc. v. BleimannSupreme Court of North Carolina · 1995
10 more not listed; retrieve them via the Exa API.